July 31, 2024 / by emptywheel

 

America’s Whimpering Democracy Is Trump’s Past, as Well as Future

There was a bit of a kerfuffle yesterday in response to an Erik Wemple claim that the media has not shirked media coverage of the risk posed by Trump while focusing non-stop on Biden’s (but not Trump’s) age.

Wemple made a list — and given the prevalence of lefty columnists, not a particularly impressive one, once you look closely.

But it also betrays the degree to which journalists have the same blind spots I have noted in NYT’s series on the subject (which makes up 15 entries in Wemple’s list): they ignore or understate how much of this Trump did in his first term and continues to do it via his right wing allies in Congress.

Charlie Savage, Maggie Haberman, and Jonathan Swan keep teaming up to write the same story over and over: A second Trump term is going to be bad … really bad.

Just some of these stories, in reverse order from Tuesday’s latest installment, are:

There are several aspects to these stories: a bid to eliminate civil service protections, a personalization of power, and the elevation of people who proved willing to abuse power in his first term: Russel Vought (who helped obstruct the Ukraine investigation), Stephen Miller, and Johnny McEntee (who even before January 6 was making a willingness to invoke the Insurrection Act a litmus test for hiring at DOD), and Jeffrey Clark.

The series, thus far, skirts the language of authoritarianism and fascism.

[snip]

These stories admit that Trump did some of this in his first term. But they describe a process of retribution by the guy who got elected — with abundant assistance from Maggie Haberman — on a platform of “Lock her up!,” who breached the norm of judicial independence 24 days into office when he asked Jim Comey to “let this” Mike Flynn “thing go,” as something that took a while to “ramp up.”

[snip]

[T]hese pieces always vastly understate how much politicization Trump pulled off in his first term, and never describe how that politicization continues at the hands of people like Jim Jordan.

Such reporting will be most salient, I believe, if reports show voters the costs of such abuses of the judicial system have already had and are already having.

Even as the kerfuffle was unrolling, Rosa Brooks published a piece in The Bulwark describing the lessons from a series of five nonpartisan simulations on how American democracy might fare if Trump wins in November.

The simulations showed that the risk Trump poses isn’t necessarily the immediate totalitarianism or civil war liberals sometimes raise, but instead targeted persecution against those who speak up.

The exercises produced some “good news”: None of the simulations devolved into mass violence or civil conflict, and Team Trump found it difficult to fully execute its most ambitious plans. For instance, in one of our exercises, Trump’s efforts to detain millions of undocumented migrants floundered; the money and infrastructure for such a massive operation proved too challenging.

[snip]

High-profile nonprofit groups are undergoing IRS audits, forcing their senior staff to spend most of their time huddled with accountants and lawyers. More university presidents have resigned in the face of investigations, audits, and threats to yank federal funding over curricula and the actions of student protests. Meanwhile, a number of high-profile journalists are the targets of leak investigations. The owners of several major media outlets are under investigation for specious criminal tax code violations, and the FCC is considering revoking the broadcast licenses of a dozen television stations. Liz Cheney, Adam Schiff, and retired Gen. Mark Milley are under investigation for allegedly mishandling classified materials.

The nation’s streets are largely peaceful. But around the country, numerous civil servants, reporters, teachers, librarians, election officials, and other community leaders are being doxxed and threatened.

You can imagine how this unfolds. Most people will see the writing on the wall: Speak out, and life becomes unpleasant. Your address and children’s names will be posted on social media. You’ll get a nasty letter from the IRS. Perhaps your brother’s undocumented girlfriend will go to work one day and never come home, and you won’t know if she’s been detained or deported. Your pregnant niece might be stopped by police as she drives from Texas to New Mexico, and grilled about whether she’s heading to an abortion clinic. Maybe the FBI and Homeland Security will use undercover agents—or even government surveillance capabilities—to spy on organizations from school boards to church groups, in search of “illegals,” “Christian-hating communists,” the “woke,” and other “vermin.”

The chilling effect on our politics would be intense. Ordinary citizens would self-censor. Many federal, state, and local leaders, rightly worried about the effects on themselves and their families, will quietly step down from their roles.

Definitely read the piece. As you do, though, consider the ways that this, too, is a story of Trump’s past and present, not just his future.

Just yesterday, for example, FBI’s Deputy Direct Paul Abbate said that he “absolutely did not” sign off on the settlement of Peter Strzok and Lisa Page’s lawsuits and “would never sign off on something like that.”

The allegations in the Privacy Act part of the complaint — the only part included in the settlement — show that before the misconduct allegations against Peter Strzok had been resolved, someone shared his texts with the White House, which in turn got leaked to the press before Sarah Isgur released them en masse, with Rod Rosenstein’s approval.

59. Between late July and December 2017, someone from the Department of Justice alerted the White House to the existence of these texts and, at least, their general content. On information and belief, officials in the White House, in turn, began to contact members of the news media about the texts as a means to try to undermine the Special Counsel’s investigation.

60. No later than December 2, 2017, at least two news organizations printed stories including characterizations of the contents of some of Special Agent Strzok’s texts.

[snip]

62. On December 12, 2017, DOJ willfully and intentionally disclosed to numerous news outlets approximately 375 text messages to, from, and about Special Agent Strzok. In a press release, DOJ called this act a “public release” of the messages.

Years ago, I was told this was a clear violation of the Privacy Act. Having gone through discovery, DOJ appears to agree.

By saying he would never sign a settlement with someone targeted in violation of the law, Abbate was (wittingly or not) stating an unwillingness to make things right after the government violates the rights of a long-valued FBI employee. And Abbate has to know that there are plenty of right wing agents who never got disciplined for sending pro-Trump texts on their phones, including the agents who handled one of the informants targeting the Clinton Foundation.

Republicans threw a similar tizzy fit after DOJ settled Andrew McCabe’s lawsuit for a similar violation of his rights — in that case, of his due process rights. And in McCabe’s case, granting McCabe’s due process would likely have revealed that the allegations he willfully lied about his role in a story that exposed the investigation into the Clinton Foundation were unproven.

The time to stand up to the kind of individualized targeting that Trump has long used is now, was last year, was seven years ago, when the extended campaign to turn Strzok and Page into the face of the Deep State first began.

Waiting to learn the outcome of the election is a cop out.

The time to catalog the damage Trump has already done by the kind of treatment the Bulwark projects in the future is now. All the more so given that its anonymous participants, described to include “former senior officials from President Trump’s first administration, along with former senators and members of Congress,” surely include a number of people who’ve received this treatment. If the way to combat Trump involves solidarity to prevent this isolating doxxing, then such a group is precisely the kind of group that should set an example.

LOLGOP and I are working on a podcast episode that talks about all the people at the FBI that Trump targeted: in addition to Strzok and Page, McCabe and Jim Comey, every person mentioned in the Carter Page IG Report, a number of key witnesses in the Durham investigation, often leveraged to cultivate the testimony Durham needed to sustain his conspiracy theory. That retaliation did real damage to the FBI’s expertise on Russia.

But it has continued even since Trump left office. After first being investigated in the wake of the IG Report, a top Russian analyst, Brian Auten, remains a target because he tracked Russia efforts to influence the 2020 election. Laura Dehmlow — then a unit chief in FBI’s Foreign Influence Task Force and now the Deputy Director of the National Counterintelligence Center, was bullied because she didn’t come out and say that the FBI had obtained a laptop attributed to Hunter Biden from a computer repairman (which remains inconclusive regarding any Russian influence). Tim Thibault, who in 2016 was one of the people who predicated investigations of the Clinton Foundation, was targeted in part because he made the decision — at the request of FBI agents trying to preserve the integrity of the Hunter Biden investigation — to shut down Peter Schweizer as an informant. Elvis Chan, long one of the most important FBI agents in fighting Russian hacking, was misrepresented as part of the Twitter Files, and ever since, the House GOP has been demanding he sit for a deposition either represented by his personal lawyer or the FBI’s lawyer.

Other members of the “Deep State” that Trump or his flunkies have targeted include:

  • The 51 former spooks who signed a letter stating that the release of the Hunter Biden laptop before the 2020 elections “has the earmarks of a Russian information operation”
  • Witnesses at either of Trump’s impeachments
  • January 6 Committee witnesses and members
  • Capitol Hill Police who testified in January 6 trials
  • Witnesses in the Durham investigation
  • Former Trump officials who’ve spoken out against Trump (again, these likely include some participants in Bulwark’s simulations)
  • Members of the Hunter Biden investigative team, including those who were engaged in the more aggressive targeting of him
  • Every judge, prosecutor, and identified FBI agent who has investigated Trump (note: Aileen Cannon was also targeted)
  • Judges who’ve overseen January 6 trials or those of Trump’s associates
  • Those who didn’t support Jim Jordan as speaker

This has a noticeable effect. Not only does Abbate (along with Chris Wray) cow before Congress rather than explain that Trump’s Administration violated the law, which has repercussions, but it led the FBI to hesitate before going after Trump and his people both before January 6 and during the stolen documents case.

There are those outside of government, too.

A sustained campaign to shut down efforts, both within and outside social media companies, to limit mis- and disinformation has led many programs and experts to quit, largely after sustained doxing and disinformation campaigns.

Perhaps most alarmingly, Trump and his mob have targeted election administrators around the country, both prominent and not. Even if Kamala Harris wins more votes than Trump in November, there are known localities and states where there’s real question whether election denying voting officials will certify the vote. Patrick Byrne has even started issuing death threats against those prosecuting Tina Peters for tampering with election equipment back in 2020.

This is not just about loyalty. This is not just about cowing law enforcement. This is not just retribution — though that serves as cover.

Particularly taking account of the election workers targeted in service of Trump’s Big Lie, this must be understood as systematic: an attack on particular institutions and norms of liberal society: the rule of law, elections, and truth.

We don’t have the luxury of waiting until after November to start defanging the right wing’s stochastic terrorism. That’s true, because they’ll be using it to stoke fear leading up to the election. That’s true because Jim Jordan still has three months wielding a gavel to elicit lynching threats. But it’s also true because the guy managing the FBI is so afraid of Congress that he’s unwilling to say that people selectively targeted for such treatment by Donald Trump are entitled to due process.

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Originally Posted @ https://www.emptywheel.net/2024/07/31/americas-whimpering-democracy-is-trumps-past-as-well-as-future/